Terms of Use
The following are the rules that govern use of tima.ca website. By using the Site, you agree to be bound by these Terms and Conditions of Use (the “TCU”), including but not limited to the Privacy Policy and other usage guidelines and rules that may be posted from time to time, all of which are incorporated herein by reference, and to follow the TCU and all applicable laws and regulations governing the Site. If you do not agree, please do not enter or use the Site.
Tima.ca may update the TCU from time to time. You are responsible for checking this page periodically for changes and updates to the TCU. Your use of the Site following any posted change(s) to the TCU will be deemed an acceptance of such change(s).
In addition, when using the Site, you shall be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TCU.
Please direct any questions you may have about the TCU, or any other legal matters, to the following e-mail address: tcu@tima.ca
1. Tima.ca Proprietary Rights and Permitted Use
The Site, including without limitation any content, software and services offered thereon, are the property of Tima.ca and/or its suppliers. It is protected by the copyright and/or other intellectual property laws of Canada and internationally. You are hereby authorized solely to view and to retain a copy of pages of this Site for your own personal use. Do not duplicate, publish, modify, or otherwise distribute the material on this Site unless specifically authorized in writing by Tima.ca to do so. Legal notices and various other acknowledgements and credits are posted on pages of the Site. Do not remove these legal notices or other acknowledgements or credits, or any related information, contained on pages of the Site.
You hereby acknowledge and agree that, as between Tima.ca and you, all right, title, and interest in and to the Site and the provision thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Tima.ca. Except as expressly authorized by Tima.ca herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute, or create derivative works of the Site, in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by Tima.ca for use in accessing the Site. In connection with your use of the Site, Tima.ca may make software available to you for download from the Site; your download and use of such software shall be pursuant to a separate license agreement that shall be agreed to upon your download or installation of such software.
2. User Contributions to the Site
Tima.ca may provide users with the opportunity to contribute to the Site on some sections of the Site. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials posted by you on the Site (collectively, the “User Content”), whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. This means that you, and not Tima.ca, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or transmission of any User Content via the Site.
Tima.ca does not control or pre-screen the User Content posted via the Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of Tima.ca and under no circumstances will Tima.ca be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, or otherwise transmitted via the Site.
Users can be held liable for any illegal or prohibited User Content they provide to the Site or to other users, including, for example, infringing, defamatory, or offensive materials.
3. Indemnity
You agree to indemnify and hold Tima.ca, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the TCU or any applicable laws or the rights of another.
4. Links and Search Results
The Site may provide links and automatically produce search results, or third parties may provide information, that reference or link to other World Wide Web sites or resources. Tima.ca has no control over such sites and resources, and you acknowledge and agree that Tima.ca is not responsible for the content or information contained therein. Tima.ca cannot and does not guarantee, represent, or warrant that the content or information contained in such third-party sites is accurate, legal and/or inoffensive. Tima.ca does not endorse the content or information of any third-party site or resource, and further does not warrant that such sites or resources will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that Tima.ca shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at problems@tima.ca .
5. No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without the express, prior written consent of Tima.ca in each instance.
6. Modifications to Site
Tima.ca reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Tima.ca shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
7. Suspension and/or Termination Rights
Tima.ca reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the TCU, your registration for any program, your ability to access the Site, your ability to utilize any email services offered on the Site, and/or to remove any User Content, for any reason, including without limitation any breach by you of the TCU or conduct by you that Tima.ca determines to be inappropriate. You agree that Tima.ca shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
8. Your Registration Obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tima.ca has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tima.ca has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof).
9. Links to Third Party Sites
The links in our service will facilitate visiting other relevant services/websites. The linked sites are not under the control of Tima.ca and Tima.ca is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates of these sites. Tima.ca is not responsible for web casting or any other form of transmission received from any linked site. Tima.ca is providing these to you only as a convenience, and the inclusion of any link does not imply endorsement by Tima.ca of the site or any association with its operators. There are risks in using any information found on the Internet. Tima.ca cautions users to understand these risks before using or relying upon anything in the Internet. Tima.ca does not endorse, warrant or guarantee the products or services described or offered in these other websites.
10. Privacy Statement
We believe that your privacy and the privacy of all of our users is important (Please click here to read the complete privacy Statement). In the event you are requested to register on the Site, you may be given an opportunity to “opt in” to receive mailings from Tima.ca and/or its partners by “checking” on a box in the registration form. If you submit a registration form with the box checked, you thereby consent to being placed on this mailing list. You may subsequently contact us to request to be removed from this list. (For purposes of the TCU, “partners” includes, in addition to third parties with whom Tima.ca may have co-branding arrangements or some other business relationship or alliance, other Web sites incubated or funded by Tima Enterprise Group Inc. as such term is defined below.)
11. Back-Up
Tima.ca is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the TCU (including without limitation content from any e-mail account hosted by Tima.ca), and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Site.
You understand and agree that Tima.ca may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
12. Password and Security
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tima.ca of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tima.ca cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, “imposturing”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including Registration Data, passwords and User Content) received or delivered or intended to be made available on and through the Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we cannot guarantee that your account will be free from unauthorized access by third parties.
13. Canada Export Controls
Tima.ca encourages users from around the world to use the Site. However, if you choose to use the Site, you understand, acknowledge and agree that your use of the Site is governed by the TCU and the laws and regulations of Canada regarding online conduct and acceptable content. If you use the Site in a jurisdiction that prohibits or restricts the use of the Site, you agree that your use of the Site will be at your own risk, without limitation of any other provision of the TCU, and that Tima.ca shall not have any liability with respect to such use. Software from this Site is subject to Canada export controls.
14. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site, and its content, are delivered on an “as is” and “as available” basis. Tima.ca expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Tima.ca makes no warranty that the Site or any related services, such as email, links, or searches offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. Tima.ca further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.
Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and Tima.ca will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
No advice or information, whether oral or written, obtained by you from Tima.ca or through or from the Site shall create any warranty not expressly stated in the TCU. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither Tima.ca nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
15. Limitation of Liability
You expressly understand and agree that Tima.ca shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tima.ca has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon.
16. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
17. Copyright Complaints
It is Tima.ca’s policy to comply with all intellectual property laws and, in appropriate circumstances, to terminate the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been infringed, please send a notice of copyright infringement to report@tima.ca containing the following information: (a) physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to be infringed; (c) description of where the alleged infringements are located in our website; (d) your name, address, telephone number, and email address; (e) A statement of good faith belief that the material is infringing; (f) A statement that the information in the notification is accurate and that the complaint is authorized by the copyright holder.
Please send a copy of notices of copyright infringement to Tima.ca’s Address as well.
Once proper notice has been received, Tima.ca may take the following action: (a) Tima.ca will remove or block access to infringing material; and (b) Tima.ca will notify the subscriber of the copyright infringement notification;
The subscriber may provide a counter notice that contains the following information: (a) physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled; (c) statement that the subscriber has a good faith belief that the material did not constitute copyright infringement; (d) subscriber’s name, address, telephone number, and email address; and (e) statement that the subscriber consents to jurisdiction in a court.
If Tima.ca receives a counter notification, it will forward this notification to the original complaining party. If the complaining party does not respond to the counter notice by filing a lawsuit against the subscriber, Tima.ca will restore the material or access to the material within 15 days of the receipt of a counter notification.
18. Miscellaneous
The TCU constitutes the entire agreement between you and Tima.ca and governs your use of the Site, superseding any prior agreements between you and Tima.ca. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
You agree that the TCU and the relationship between you and Tima.ca shall be governed by the laws of Canada (Ontario Province) without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the provincial courts of Ontario, Canada. The failure of Tima.ca to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision.
If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.